AI-Generated Content + Copyright Law
There has been rapid advancement in the capabilities of artificial intelligence (AI) this year, posing many advantages and challenges to both consumers and business owners. These AI tools have the ability to create, interpret, and manipulate creative works, which is raising questions in the intellectual property world about potential copyright infringement.
Many platforms, including Canva, Grammarly, and Zoom, have even started to include AI tools to help users create original and unique works. Although these AI-generated works can be interesting and convenient, the question still remains as to who “owns” the content. The AI developer? The AI user? The AI itself?
What is a Copyright?
A copyright is a type of intellectual property that protects original works as soon as the author creates the work into a tangible medium of expression. This can include a painting, any written work, movies, and much more. When a copyright is created, there must be an author who claims the work. When an AI generator creates the content, the line becomes blurry as to who is the “author.”
Does Copyright Infringement Apply to AI Creations?
Although these conversational and generative AI technologies are fairly new, there are still relevant laws that can apply to and protect ownership rights. AI generators are capable of accidentally producing content that is similar to existing works due to its unpredictability. For common copyright infringement, the plaintiff must be able to prove that the defendant “copied” the work with unauthorized access. For AI outputs, access or “copying” might be shown by evidence that the AI program was trained using their original works to create similar outputs.
There have already been many litigations with this issue since 2021. In 2022’s Andersen vs. Stability AI et.al, three artists formed a group to sue the Stability AI platform developers on the basis that the AI platform was using the group’s original works to train their AI generator, allowing users of the platform to generate content from their existing and protected works. The case is still being observed, but if the court finds that the AI-generated work is unauthorized, substantial infringement penalties may apply.
Just as with generative AI itself, the requirements and litigation process for copyright infringement will continue to evolve as more challenges emerge. It is crucial that respected rights between users and creators are established to uphold the overall principles of intellectual property.
If you have any questions regarding the use of generative AI in your business or the protection of your intellectual property, contact Martin IP Law Group! We are experts in helping you harness the power of your creations while ensuring that they are protected. Let’s connect today!
